SAIFUL SHEIKH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The accused appeals.

(2.) Saiful Sheikh, the appellant in this appeal was found guilty for an offence under Section 302 IPC and was sentenced to imprisonment for life on the allegation that he murdered the deceased, Atul Sheikh, on the early hours of 25/3/1984. The present appeal is against the said conviction and sentence.

(3.) The case of the prosecution can be briefly summarized as follows :- PW 7 Sabiuddin is the paternal uncle of the deceased. There was a land dispute pending between PW 7 and his brother, who is the appellant in this appeal. On 25.3.1984, the deceased Atul Sheikh left the house for his field. While he was at the field, the appellant went there and cut the deceased on his neck with hansua. It was witnessed by PW 5 Ilyas Sheikh. Thereafter PW 5 ran away from the place on seeing the attack on the deceased. PW 7 later went to the field only to find his nephew lying dead with injuries. He informed the Village Mukhiya who advised him to go to the police station and give a complaint. PW 7 went to the police station and gave Ext. 3, the fardbeyan. A crime was registered and investigation was taken up by PW 8 Shive Kumar Ratna. He conducted inquest over the dead body on reaching the scene of occurrence and prepared the inquest report, Ext. 6. After the inquest, the dead body was sent to the hospital for autopsy.